A claim that covers both statutory and non-statutory embodiments . .. embraces subject matter that is not eligible for patent protection andtherefore is directed to non-statutory subject matter. . . . For example, aclaim to a computer readable medium that can be a compact disc or a carrier wavecovers a non-statutory embodiment and therefore should be rejected under § 101as being directed to non-statutory subject matter.

Anticipation of a patent claim requires a finding that the claim at issue ‘readson’ a prior art reference. In other words, if granting patent protection on thedisputed claim would allow the patentee to exclude the public from practicingthe prior art, then that claim is anticipated, regardless of whether it alsocovers subject matter not in the prior art.